Q: My mother remarried, she recently died. My stepfather is saying that his attorney told him he does not have to go to
Orphan's court and file for probate. She had a 401K, we haven't been able to see the will. He's already moving assets and removing her from accounts, she died 2 months ago. Do we (her children) have any rights to see the will to find out what is in it?
A: If there is a will it should be probated. Ask for the name of his attorney; tell him if he won't tell you you hate to do it but you'll have to hire one. If the 401k has someone else as beneficiary he can't change that. Assuming you are all adult, then her will governs. He can't play keep away. Another way is to force it --if you have an older will see about probating that then he'll have to provide the newer will. But you all really need to see an attorney who handles estates in the county where your mom lived.
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